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2012 DIGILAW 1007 (PNJ)

Balbir Singh v. State of Punjab

2012-07-31

JITENDRA CHAUHAN

body2012
JUDGMENT Mr. Jitendra Chauhan, J.: (Oral) - The present revision has been filed for setting aside the judgment dated 7.9.2011, passed by the learned Sessions Judge, Mansa, whereby the appeal filed against the judgment /order of sentence dated 7.3.2011, passed by the learned Sub Divisional Judicial Magistrate, Sardulgarh, whereby the petitioner alongwith other co-accused was convicted and sentenced to undergo RI for a period of two years and to pay a fine of Rs.2000/-; in default of payment of fine to further undergo RI for a period of three months under Section 326 IPC; RI for a period of one year and to pay a fine of Rs.1000/-; in default of payment of fine to further undergo RI for two months under Section 324 IPC and RI for a period of six months under Section 323/34 of the IPC, was dismissed. 2. As per the order dated 14.5.2012, the learned counsel for the petitioner has confined his argument only to the extent of the quantum of sentence. Learned counsel has submitted that the petitioner has already undergone about 14 months including remission. Learned counsel for the petitioner without assailing the findings returned by the learned trial Court on merits, made a submission that the sentence may be reduced to the period already undergone. 3. I have heard the learned counsel for the parties and perused the record carefully. 4. As the learned counsel for the petitioner confined his arguments on the quantum of sentence only and does not challenge the judgment of conviction, the conviction of Balbir Singh accused is upheld. 5. The revision i.e. CRR No.2448 and 2669 of 2011, filed by other co-accused Binder Singh and Kashmir Singh stand dismissed by reducing the sentence from two years to one year. 6. The petitioner is stated to have been undergone about 14 months including remission. The petitioner has been facing the agony of trial since June, 2008. The incident is more than four years old. Taking into consideration the entirety of facts and circumstances of the instant case, the sentence of the petitioner is reduced to the period already undergone. However, the fine imposed by the trial Court and its default clause is maintained. The petitioner shall also deposit a sum of Rs.5000/- in the trial court as compensation payable to the injured Vijay Kumar, which shall be a condition precedent for the release of the petitioner. 7. However, the fine imposed by the trial Court and its default clause is maintained. The petitioner shall also deposit a sum of Rs.5000/- in the trial court as compensation payable to the injured Vijay Kumar, which shall be a condition precedent for the release of the petitioner. 7. With the above modification in the order of sentence, this revision appeal is partly accepted. ---------0.B.S.0------------